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investment proposal, and the enforcement of any conditions or
requirements that an approval or admission is subject to, shall not be
(g) for Malaysia, the Ministers performing functions and exercising powers under, subject to the dispute settlement provisions under Chapter 19 (Dispute
but not limited to, the Promotion of Investments Act 1986 [Act 327], the Income Settlement).
Tax Act 1967 [Act 53], the Petroleum Development Act 1974 [Act 144], and the
Industrial Co-ordination Act 1975 [Act 156], and any amendments thereto;

(h) for Myanmar, the Myanmar Investment Commission and Region/State Article 17.12: General Exceptions
Investment Committees under the Myanmar Investment Law, the Pyidaungsu
Hluttaw Law No. 40/2016 dated 18 October 2016 and the Myanmar Investment 1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules
Rules, Notification No. 35/2017 of the Ministry of Planning and Finance of the of Origin), Chapter 4 (Customs Procedures and Trade
Government of the Republic of the Union of Myanmar dated 30 March 2017,
and committees under the Myanmar Special Economic Zone Law, the Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures),
Pyidaungsu Hluttaw Law No. 1/2014 dated 23 January 2014 and the Industrial Chapter 6 (Standards, Technical Regulations, and Conformity
Zone Law, the Pyidaungsu Hluttaw Law No.7/2020 dated 26 May 2020, and Assessment Procedures), Chapter 10 (Investment), and Chapter
any amendments thereto; 12 (Electronic Commerce), Article XX of GATT 1994 is

(i) for New Zealand, the decision-making Ministers authorised under incorporated into and made part of this Agreement, mutatis
5
New Zealand’s overseas investment framework including the Overseas mutandis.
Investment Act 2005 and the Fisheries Act 1996, and any amendments thereto;
2. For the purposes of Chapter 8 (Trade in Services), Chapter 9
(j) for Thailand, the competent authorities responsible under its laws and (Temporary Movement of Natural Persons), Chapter 10
regulations, as may be amended, for the sectors or activities where foreign (Investment), and Chapter 12 (Electronic Commerce), Article XIV
investment is proposed or approved; and
of GATS including its footnotes is incorporated into and made part
6
(k) for Viet Nam, the competent authority as defined in the Law on Investment and of this Agreement, mutatis mutandis.
other relevant laws and regulations such as Law on Securities, Law on Credit
Institutions, Law on Insurance Business, and Law on Oil and Gas, as may be
amended.
Article 17.13: Security Exceptions
If a Party establishes a competent authority, including a foreign investment authority
after the date of entry into force of this Agreement, this Article shall also apply to such Nothing in this Agreement shall be construed:
competent authority.
(a) to require any Party to furnish any information the
4 For the purposes of this Article, “a decision by a competent authority, including a
foreign investment authority” means: disclosure of which it considers contrary to its essential
security interests;
(a) for Japan, a decision under the Foreign Exchange and Foreign Trade
Law (Law No. 228 of 1949), as may be amended, regarding an (b) to prevent any Party from taking any action which it
investment that requires prior notification under that law, including an considers necessary for the protection of its essential
order to alter the content of investment or discontinue the investment
process; and security interests:

(b) for the Philippines, the decision by the Securities and Exchange
Commission under Republic Act No. 11232, otherwise known as the
Revised Corporation Code of the Philippines; the National Security 5 The Parties understand that the measures referred to in subparagraph (b) of Article
Council under Executive Order No. 292, otherwise known as the XX of GATT 1994 include environmental measures necessary to protect human, animal
Administrative Code of 1987, as amended; the Board of Investments or plant life or health, and that subparagraph (g) of Article XX of GATT 1994 applies to
under Executive Order No. 226, otherwise known as the Omnibus measures relating to the conservation of living and non-living exhaustible natural
Investments Code of 1987, as amended; and the relevant agencies of resources.
the Philippine Government vested with jurisdiction and mandate to
regulate specific sectors or activities under Republic Act No. 7042, 6 The Parties understand that the measures referred to in subparagraph (b) of Article
otherwise known as the Foreign Investments Act of 1991, as amended; XIV of GATS include environmental measures necessary to protect human, animal or
and any amendments thereto. plant life or health.

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